Upon written petition, the Plan Commission may, on a case-by-case
basis, grant a special exception for those development standards specifically
noted as special exceptions in this chapter.
The owner of the subject property may submit an application
for a special exception.
The general steps outlined below shall be used in the review
of a special exception application.
A. Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
C. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
D. Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provide a copy of it to each member of the Plan Commission and the
applicant prior to the meeting at which the matter will be considered.
The Zoning Administrator will also provide a copy to interested people
upon request.
E. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Plan
Commission.
F. Meeting. Allowing for proper notice, the Plan Commission considers
the application at a regular or special meeting.
G. Decision. After considering all of the information submitted by the
applicant and the staff report, if any, the Plan Commission makes
a decision based on the decision criteria in this division to i) approve
the special exception, ii) approve the special exception with conditions,
or iii) deny the special exception.
H. Preparation of final decision document. Based on the action of the
Plan Commission, the Zoning Administrator prepares a final decision
document consistent with this division subject to the direction given
by the Plan Commission.
I. Applicant notification. Within a reasonable time following the Plan
Commission's decision, but not more than 10 workdays, the Zoning Administrator
sends the decision document to the applicant by regular mail and/or
email.
J. Acceptance by property owner. If the application is approved, the
property owner must sign the decision document to acknowledge the
terms of the approval and return the same to the Zoning Administrator
within six months of the decision. Prior to the expiration of the
previously specified time period, the property owner may submit a
petition to the Zoning Administrator requesting an extension and the
Zoning Administrator may, with cause, extend the period within which
the decision document must be signed. If the signed decision document
is not returned within the initial or extended time period, if any,
the decision shall automatically become null and void without any
further action by the Village at the expiration of such time limit.
The decision document shall only become effective when all required
signatures have been obtained and the original signature copy is returned
to the Zoning Administrator.
K. Public record copy. A copy of the decision document is retained as
a public record.
The review authority shall consider the following factors:
A. The size of the property in comparison to other properties in the
area;
B. The extent to which the issuance of the special exception would be
in keeping with the overall intent of this chapter;
C. Whether there are any unique circumstances and the nature of those
circumstances that warrant the issuance of the special exception;
D. The nature and extent of anticipated impacts to the natural environment
that could potentially occur if the special exception was granted;
E. The nature and extent of anticipated positive and negative effects
on properties in the area;
F. Actions the applicant will undertake to mitigate the negative effects,
if any, of the proposed special exception;
G. A factor specifically listed under a section of this chapter authorizing
the issuance of a special exception; and
H. Any other factor that relates to the purposes of this chapter set forth in §
170.05 or as allowed by state law.
A special exception shall only be approved in those instances
where issuance is specifically authorized in this chapter.
The application submittal shall include an application form
as may be used by the Village and a site plan prepared at a scale
of one inch equals 20 feet or other appropriate scale depicting the
information listed in Appendix F.
The staff report should include the following:
A. A description of the requested special exception;
B. Preliminary findings for the decision criteria listed in this division;
C. A recommendation to approve the application, approve the application
with conditions, or deny the application;
D. A preliminary list of conditions whether the staff recommendation
is for approval or denial; and
E. Other information deemed necessary.
If a special exception is approved, such approval shall run
with the land and is binding on all subsequent property owners.
An approval for a special exception shall automatically expire
12 months after the date of issuance unless substantial work has commenced
under the permit and continues in good faith to completion. Upon petition
and with cause, the Zoning Administrator may grant a one-time extension,
not to exceed 12 months, provided that:
A. The permit holder requests the extension prior to the expiration
of the permit;
B. The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
C. The project complies with this chapter in effect at the time the
extension is granted.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 calendar days of the final decision.